NY State Senate Bill 2015-S4075A

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to energy and telecommunications
Mar 03, 2015	print number 4075a
Mar 03, 2015	amend and recommit to energy and telecommunications
Feb 26, 2015	referred to energy and telecommunications

Bill Amendments

Original

A (Active)

2015-S4075 - Details

See Assembly Version of this Bill:: A450
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Authorities Law
Laws Affected:: Add §§1018 & 1884, Pub Auth L
Versions Introduced in 2013-2014 Legislative Session:: S6963, A9627

2015-S4075 - Summary

Relates to the use of monies from certain funds or accounts, specifically the power authority in connection with any energy projects, energy or energy-related fees or surcharges authorized by the public service commission.

2015-S4075 - Sponsor Memo

                                BILL NUMBER:S4075

TITLE  OF BILL:  An act to amend the public authorities law, in relation
to the use of monies from certain funds or accounts

PURPOSE: To ensure that the any monies in the possession of the New York
Power Authority or any such funds  that  may  be  transferred  from  the
Authority are used only for energy related purposes and further that any
ratepayer  funds collected for programs administered by NYSERDA are used
only for their intended purpose.

SUMMARY OF PROVISIONS:

Section 1. Requires that any and all funds of the Authority may only  be
used  for purposes expressly related in section one thousand one of this
title and that such funds may not be swept for any other use, unless the
use is for an "energy project" as defined in this section.

Section 2. Requires that any ratepayer's funds collected by order of the
Public Service Commission to support programs at NYSERDA, must  be  used
only  for  the  intended  purposes of that program. Further this section
requires that any money that is not spent on its intended purpose by the
end of the calendar year, will be refunded to ratepayers

Section 3: Sets forth the effective date

JUSTIFICATION: The New York Power Authority  (NYPA)  and  The  New  York
Energy  Research  and  Development  Authority (NYSERDA) provide valuable
resources and programs that benefit all for the citizens of the State of
New York. In the case of NYPA any additional money that may be  produced
is  gained  through  the  sale of excess power into the market, and also
other financial investments of the Authority. This revenue  is  produced
by  and  for the energy sector and the purposes outlined in section 1001
of the Public Authorities  law  are  directly  tied  to  energy  related
purposes.  Therefore  it is important to ensure that Authority resources
are only used for these purposes and that transfer of this  revenue  are
prohibited unless the transfer is to support a qualified energy project.
NYSERDA  collects  around  $1  billion a year from ratepayers to support
various energy related programs. These include the  Renewable  Portfolio
Standard  (RPS)  the Energy Efficiency Portfolio Standard (EEPS) and the
Systems Benefit Charge (SBC). These programs provide significant invest-
ments in renewable energy projects, energy efficiency and  other  impor-
tant  infrastructure.  It  is  vitally important that this money only be
used for the direct purpose associated with the surcharge itself which h
as been imposed by the Public Service Commission.   Similarly, if  money
is  left  at  the  close  of  a  calendar  year and is not spent on that
intended purpose, it should be refunded to ratepayers. This will provide
pressure to ensure that projects are funded and contracted in  a  timely
way, and that the Commission exercises robust oversight to protect rate-
payers.

FISCAL IMPLICATIONS: None

HISTORY: This is a new bill

EFFECTIVE DATE: This bill shall take effect immediately

2015-S4075 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4075

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 26, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to  amend the public authorities law, in relation to the use of
  monies from certain funds or accounts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public  authorities  law  is amended by adding a new
section 1018 to read as follows:
  S 1018. USE AND TRANSFER OF FUNDS. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, AS DEEMED FEASIBLE AND ADVISABLE BY ITS TRUSTEES,  ANY  AND  ALL
FUNDS  OF  THE  AUTHORITY  SHALL  BE USED EXCLUSIVELY FOR THE PURPOSE OF
EFFECTUATING THE POLICY DECLARED IN SECTION ONE  THOUSAND  ONE  OF  THIS
TITLE  AND SHALL, IN NO CIRCUMSTANCES, BE TRANSFERRED OR OTHERWISE GIVEN
TO THE STATE OF NEW YORK UNLESS SUCH FUNDS ARE USED DIRECTLY FOR  ENERGY
PROJECTS.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "ENERGY PROJECTS"
SHALL MEAN INFRASTRUCTURE IMPROVEMENTS AT AN ELECTRIC GENERATING FACILI-
TY, ACQUISITION OR INSTALLATION OF NEW EQUIPMENT AT AN ELECTRIC GENERAT-
ING FACILITY, REPLACEMENT OR RETROFIT OF BURNERS OR TURBINES,  INSTALLA-
TION OR ACQUISITION OF ON-SITE RENEWABLE ENERGY GENERATION, INSTALLATION
OR UPGRADE OF TRANSMISSION LINES, REPLACEMENT OR REINFORCEMENT OF TRANS-
MISSION  INFRASTRUCTURE, PUBLIC POLICY REPOWERING PROJECTS, ENERGY EFFI-
CIENCY PROJECTS, CLEAN ENERGY TECHNOLOGY PROJECTS, AND ANY  PROGRAMS  TO
FINANCE ANY SUCH PROJECTS.
  S  2.  The  public  authorities law is amended by adding a new section
1884 to read as follows:
  S 1884. USE AND TRANSFER OF FUNDS. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, ANY FUNDS COLLECTED BY THE  AUTHORITY  IN  CONNECTION  WITH  ANY
ENERGY  OR  ENERGY-RELATED  FEE  OR  SURCHARGE  AUTHORIZED BY THE PUBLIC
SERVICE COMMISSION SHALL BE  DEDICATED  AND  USED  EXCLUSIVELY  FOR  THE
PURPOSES  SPECIFIED  BY  THE  PUBLIC  SERVICE COMMISSION FOR SUCH FEE OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00617-01-5

S. 4075                             2

SURCHARGE. IN THE EVENT THAT COLLECTIONS BY THE AUTHORITY IN A  CALENDAR
YEAR EXCEED THE COST OF PROGRAMS AND SERVICES OFFERED IN CONNECTION WITH
SUCH  FEES  OR  SURCHARGES  DURING  SUCH CALENDAR YEAR, THEN SUCH EXCESS
COLLECTIONS  SHALL  BE  RETURNED  TO RATEPAYERS PURSUANT TO A PROCEEDING
ESTABLISHED BY THE PUBLIC SERVICE COMMISSION.
  S 3. This act shall take effect immediately.

2015-S4075A (ACTIVE) - Details

See Assembly Version of this Bill:: A450
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Authorities Law
Laws Affected:: Add §§1018 & 1884, Pub Auth L
Versions Introduced in 2013-2014 Legislative Session:: S6963, A9627

2015-S4075A (ACTIVE) - Summary

2015-S4075A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4075A

TITLE OF BILL:

An act to amend the public authorities law, in relation to the use of
monies from certain funds or accounts

PURPOSE:

To ensure that the any monies in the possession of the New York Power
Authority or any such funds that may be transferred from the Authority
are used only for energy related purposes and further that any
ratepayer funds collected for programs administered by NYSERDA are
used only for their intended purpose.

SUMMARY OF PROVISIONS:

Section 1. Requires that any and all funds of the Authority may only
be used for purposes expressly related in section one thousand one of
this title and that such funds may not be swept for any other use,
unless the use is for an "energy project" as defined in this section.

Section 2. Requires that any ratepayer's funds collected by order of
the Public Service Commission to support programs at NYSERDA, must be
used only for the intended purposes of that program. Further this
section requires that any money that is not spent on its intended

purpose by the end of the calendar year, a proceeding must be
undertaken to determine whether it will be in the public interest to
refund the excess to ratepayers.

Section 3: Sets forth the effective date

JUSTIFICATION:

The New York Power Authority (NYPA) and The New York Energy Research
and Development Authority (NYSERDA) provide valuable resources and
programs that benefit all for the citizens of the State of New York.
In the case of NYPA any additional money that may be produced is
gained through the sale of excess power into the market, and also
other financial investments of the Authority. This revenue is produced
by and for the energy sector and the purposes outlined in section 1001
of the Public Authorities law are directly tied to energy related
purposes. Therefore it is important to ensure that Authority resources
are only used for these purposes and that transfer of this revenue are
prohibited unless the transfer is to support a qualified energy
project. NYSERDA collects around $1 billion a year from ratepayers to
support various energy related programs. These include the Renewable
Portfolio Standard (RPS) the Energy Efficiency Portfolio Standard
(EEPS) and the Systems Benefit Charge (SBC). These programs provide
significant investments in renewable energy projects, energy
efficiency and other. important infrastructure. It is vitally
important that this money only be used for the direct purpose
associated with the surcharge itself which has been imposed by the
Public Service Commission.  Similarly, if money is left at the close
of a calendar year and is not spent on that intended purpose, it
should be refunded to ratepayers. This will provide pressure to ensure


that projects are funded and contracted in a timely way, and that the
Commission exercises robust oversight to protect ratepayers.

FISCAL IMPLICATIONS:

None

HISTORY:

This is a new bill

EFFECTIVE DATE:

This bill shall take effect immediately

2015-S4075A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4075--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 26, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the public authorities law, in relation to  the  use  of
  monies from certain funds or accounts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public authorities law  is  amended  by  adding  a  new
section 1018 to read as follows:
  S 1018. USE AND TRANSFER OF FUNDS. NOTWITHSTANDING ANY OTHER PROVISION
OF  LAW,  AS  DEEMED FEASIBLE AND ADVISABLE BY ITS TRUSTEES, ANY AND ALL
FUNDS OF THE AUTHORITY SHALL BE USED  EXCLUSIVELY  FOR  THE  PURPOSE  OF
EFFECTUATING  THE  POLICY  DECLARED  IN SECTION ONE THOUSAND ONE OF THIS
TITLE AND SHALL, IN NO CIRCUMSTANCES, BE TRANSFERRED OR OTHERWISE  GIVEN
TO  THE STATE OF NEW YORK UNLESS SUCH FUNDS ARE USED DIRECTLY FOR ENERGY
PROJECTS. FOR THE PURPOSES OF THIS SECTION, THE TERM  "ENERGY  PROJECTS"
SHALL MEAN INFRASTRUCTURE IMPROVEMENTS AT AN ELECTRIC GENERATING FACILI-
TY, ACQUISITION OR INSTALLATION OF NEW EQUIPMENT AT AN ELECTRIC GENERAT-
ING  FACILITY, REPLACEMENT OR RETROFIT OF BURNERS OR TURBINES, INSTALLA-
TION OR ACQUISITION OF ON-SITE RENEWABLE ENERGY GENERATION, INSTALLATION
OR UPGRADE OF TRANSMISSION LINES, REPLACEMENT OR REINFORCEMENT OF TRANS-
MISSION INFRASTRUCTURE, PUBLIC POLICY REPOWERING PROJECTS, ENERGY  EFFI-
CIENCY  PROJECTS,  CLEAN ENERGY TECHNOLOGY PROJECTS, AND ANY PROGRAMS TO
FINANCE ANY SUCH PROJECTS.
  S 2. The public authorities law is amended by  adding  a  new  section
1884 to read as follows:
  S 1884. USE AND TRANSFER OF FUNDS. NOTWITHSTANDING ANY OTHER PROVISION
OF  LAW  OR  INCONSISTENT  PROVISION  OF  AN ORDER OF THE PUBLIC SERVICE
COMMISSION OR OF A PLAN OR PROPOSAL OF THE AUTHORITY, ANY FUNDS  AUTHOR-
IZED FOR USE FOR PROGRAMS BY THE AUTHORITY IN CONNECTION WITH ANY ENERGY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00617-02-5

S. 4075--A                          2

OR  ENERGY-RELATED  FEE  OR  SURCHARGE AUTHORIZED TO BE COLLECTED BY THE
PUBLIC SERVICE COMMISSION OR OTHERWISE MADE AVAILABLE TO  THE  AUTHORITY
SHALL  BE  DEDICATED AND USED EXCLUSIVELY FOR THE PURPOSES SPECIFIED FOR
SUCH  FEE  OR SURCHARGE AT THE TIME THAT SUCH COLLECTION WAS AUTHORIZED.
IN THE EVENT THAT FUNDING AVAILABLE BUT NOT ALLOCATED  FOR  PROGRAMS  BY
THE  AUTHORITY  IN  A  CALENDAR  YEAR  EXCEED  THE  COST OF PROGRAMS AND
SERVICES OFFERED BY THE  AUTHORITY  IN  CONNECTION  WITH  SUCH  FEES  OR
SURCHARGES DURING SUCH CALENDAR YEAR, THEN THE PUBLIC SERVICE COMMISSION
SHALL  CONDUCT  A  PROCEEDING  TO  DETERMINE  WHETHER IT WOULD BE IN THE
PUBLIC INTEREST TO RETURN SUCH EXCESS COLLECTIONS TO RATEPAYERS.
  S 3. This act shall take effect immediately.

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Senate Bill S4075A

Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

2015-S4075 - Details

2015-S4075 - Summary

2015-S4075 - Sponsor Memo

2015-S4075 - Bill Text download pdf

2015-S4075A (ACTIVE) - Details

2015-S4075A (ACTIVE) - Summary

2015-S4075A (ACTIVE) - Sponsor Memo

2015-S4075A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4075A

Share this bill

Sponsored By

Robert G. Ortt

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

2015-S4075 - Details

2015-S4075 - Summary

2015-S4075 - Sponsor Memo

2015-S4075 - Bill Text download pdf

2015-S4075A (ACTIVE) - Details

2015-S4075A (ACTIVE) - Summary

2015-S4075A (ACTIVE) - Sponsor Memo

2015-S4075A (ACTIVE) - Bill Text download pdf

Comments